Thread by @lawbarandbench

Constitution Open House organised by @Vidhi_India to commence shortly
Discussions on constitutional validity of Foreigners' Tribunals and inclusive governance

@ritwika1991 @pdmnb @SJDStevenson @BhagatSambhaji @ssjain54 @Rahul400 #law #Constitution

*Correction, first discussion will be moderated by @rkhorakiwala
 The first session today from will feature a discussion on @pdmnb 's project on The Constitutional Validity of Foreigners Tribunals in Assam, her findings as to how judgments against such litigants are coloured

@Rahul400 introducing the panelists

@rkhorakiwala - Great we can discuss something so relavant.

Padmini B. - working on project l, a cause dear to my heart given the current political climate.
Fried to look at what's happening between litigants, judges and lawyers protecting citizenship.

@pdmnb

Padmini - Dates back to where evil things in India trace to, the British.
Surge of economic activity and Assam as site of extraction in colonial times.
In early 1900s they encouraged migration of peasants from modern day Bangladesh to Assam.
@pdmnb

Padmini- First flow of migration of Bengali origin Muslims then, later increased with partition and 1971 war
@pdmnb

Padmini B- Bcoz of said migration of Bengalis there was impact, creation of Bengali Muslim as outsider, from 1950s rhetoric of invasion of Assamese land started

@pdmnb

Padmini B- Father participated in Assam agitation, no numbers on presence of alleged infiltrators
Safe to say that today amount of hatred this marginalised community faces is a lot, become completely acceptable to be racist to them

Concept has seeped into state institutions

@rkhorakiwala - Making such a project more than anecdotal important, and even Covid must have made it more challenging. Relevant to shed light on your methodology, field work amidst all this. Challenges in accessing material?

Padmini B- First research Qs I had was how Bengali Muslim women are interacting with the legal system
Ppl facing deprivation of citizenship, how were they navigating their networks to try and fight back

@pdmnb

Padmini B- initally did interviews thru phone. Vaar diff between ppl getting state benefits and those being denied citizenship

@pdmnb

Padmini B - Some things identified. Border Police or ECI will send notice of doubts of citizenship, will detail process of verifying or proving case.
Scanned several of these, lot of times no grounds written, voters arbitrarily become D-voter

@pdmnb

FTs are quasi judicial, don't have a permanent legislative home.
Kind of judges selected for these chosen on an incentive basis,pre you declare foreigners more chances of getting extended, this bias manifests in rulings: @pdmnb

Padmini B: most often ppl have to resort to own network for legal aid and representation. Sometimes police assign lawyers. Nuances in issue rather than cops evil. @pdmnb

Padmini B - Judges become prosecutorial. Lots written how litigants hapless, main difficultly is in presenting documents. Lots of resilience shown.
@pdmnb

@rkhorakiwala - That answer opens up a lot of facets about the issue.
Do judgments have the kind of comments the FT judges make?

@pdmnb - Cross examination process v intimidating. The orders won't always reflect the comments made.
Trend to disbelieve and discount the testimonies of alleged doubtful citizens.
Discrepsncies they check for include spelling mistakes, dates which Judges pounce on.

@rkhorakiwala - with the judges and their list of things to check, are there many such instances?

@pdmnb - One person provided 10 docs including birth certificate, Judge still called it not enough to counter the spelling discrepancies

Such name differences are grounds to dismiss their appeals
Lots of confusion over what counts and what doesn't

@rkhorakiwala - Found any data on judicial bias?

Padmini B - Switched methodologies later, examined judgments. Did analysis statistically and on narrative used. Tried to dive deep into objective judicial integrity.

71% of cases involved Muslim litigants
@pdmnb

Shares slide
@pdmnb - no Appellate body for FT decisions , direct appeal in Gauhati High Court

Only in 1 case out of 1444, HC said judgment of FT was wrong
Case usually remanded to same panel, systematic bias against Muslims

Padmini B - No proof that all Bengalis illegally from Bangladesh, i believe in open borders

Most judges indigenous Assamese elite

@pdmnb

@rkhorakiwala - People thus have daily interaction with the Constitution, bank on it for their rights.

@pdmnb - Where will you deport them to? Bangladesh won't take them. Ppl have to to detention camps.
Most such centres inside jails, ppl hauled up there for essentially a civil offence
Ludicrous when so many excluded in draft NRC.

@rkhorakiwala - What factors apart from judicial bias affect the outcomes of such cases?

@Vidhi_India

Padmini @pdmnb - Judges always have presumption of deceit. Use terms like projected father.
Very deliberately not in touch with people's social, day to day realities.
Ex-parte dismissals.

@Vidhi_India

Padmini B. - Common sense that Assam has floods, but judges dismiss cases saying petitoners failed to prove fact that docs for lost in floods
Women have to go out of their way to get docs, specially the Gau Burha certificate

@pdmnb @Vidhi_India

Padmini B- Village headman sometomes needed to testify in matter.
In short, court is invested in keeping the proof as inadmissible as possible. Social pressure on them, with national security and anti immigrant rhetoric built in

@pdmnb @Vidhi_India

@pdmnb - FTs churn out ex-parte orders faster than McDonalds does burgers.

@Vidhi_India

@rkhorakiwala - reads out audience questions.

@rkhorakiwala - How do those affected see citizenship and constitution?

Padmini B - Understanding that if worried about precarity of citizenship, always fear looming large, so many suicides during NRC verification process.

@pdmnb @Vidhi_India

Padmini B- Legal aid big challenge. Does law even apply or be friendly in these situations and populations

@pdmnb @Vidhi_India

@pdmnb - International pressure has done nothing to address this human rights issue.

Padmini B - Nothing in Constitution about having Foreigners Tribunals for citizenship, it came via executive order.

@pdmnb @vidbi

@rkhorakiwala - Question on language of FT proceedings and how it affects of Bengalis.

@pdmnb - class aspect and language barrier too. Lawyer becomes important.

@Vidhi_India

@rkhorakiwala - [Thanks @pdmnb]

@Rahul400 - Insightful observations also cause of despair.

Now onto discussion on inclusive governance.

@Vidhi_India @BhagatSambhaji @SJDStevenson

Rahul Bajaj explains process and outcome bases as governance

@Rahul400 @Vidhi_India

@SJDStevenson - Two broad components to inclusive governance. Outcome, Process.

Sasha Stevenson - important process for what it indicates for shared values.

Biggest hurdle is it largely depends on State, diff groups competing

@SJDStevenson @Vidhi_India

@SJDStevenson - In theory, South Africa governance works beautifully, but practically a bureaucratic nightmare given the corruption

Sasha Stevenson - Often, State facilities and committees not taken seriously.
During covid, business voices got included in decision making.

@Vidhi_India @SJDStevenson

@SJDStevenson - Working on legal provisions for universal health coverage. Broad proposal tho good, bill not so much.
Will affect governance structures, current proposal not decentralised, has to include people from marginalised, civil society groups

@Vidhi_India

Sasha Stevenson - Lot work needed. Need representation of all groups and need to be held onto account. People in governance structures need to be held accountable. Adddress lack of capacity.

@SJDStevenson @Vidhi_India

@BhagatSambhaji - friends, brothers and sisters. V good discussion I'm part of.
Our country, for 5000 years been a caste society. Ways of administration and governance is caste-based.
Women also have untouchable status along with Adivasis. Power with upper castes

@Vidhi_India

Sambhaji Bhagat - Less percentage have the most resources. As we come down the caste ladder, stripped of resources.
Because of constitution the doors for them to address this opened. Thanks to Dr Ambedkar.

@Vidhi_India @BhagatSambhaji

Sambhaji Bhagat - Dr Ambedkar left the religioun for much it dehumanised him. If work needed, people don't ask castes.

[Breaks into Marathi song]
@Vidhi_India @BhagatSambhaji

S Bhagat - We enter gutters, but don't give us facilities or permanent jobs. Such culture of exclusion in our country even when we talk of inclusive governance.

We are a caste republic, not democratic republic.

@Vidhi_India

@BhagatSambhaji - Brahminical hegemony in country. Over culture, resources.
Privatisation takes away constitutional benefits for the lower castes, media, corporations and courts filled with upper castes

@Vidhi_India

Prof Sanjay Jain - How to measure and overcome deficits towards inclusion and diversity?

We mostly talk about marginalised sections in this regard.

@ssjain54 @Vidhi_India

Prof Sanjay Jain - Dr Ambedkar said that tho democratic republic may be resting on top, but what about the rock inside?
How to find out whether we are really inclusive, using indicators in this regard. What does diversity mean?

@ssjain54 @Vidhi_India

Sanjay Jain - Have to enough avenues to exercise one's own rights. At surface level constitution and statues may give these, but without enabling conditions these are meaningless.
For eg even with untouchability abolished, can untouchables move freely?

@Vidhi_India @ssjain54

Sanjay Jain - Even among Dalits, there is lack of awareness. Are we even clear about diversity?
Inclusion is a measure of how much one is welcomed.

@ssjain54 @Vidhi_India

Prof Sanjay Jain - in panchayats, we talk about reservation and representation for SC/STs but what about those for persons with disabilities?
Political representation only when no one else speaks on their behalf.
Is there scope for broad pol alliances?

@ssjain54 @Vidhi_India

@Rahul400 to @SJDStevenson - What tools can be used to foster inclusive governance?

Sasha Stevenson - Litigation not only method. Meaningful engagement in housing law one example, law limited but can use constitutional principles to push for what's needed.
Need for alliances and mobilisation real. Then political push 4 better inclusion.

@ssjain54 @vdsar1970

Rahul Bajaj to Sambhaji - How do we ensure reservation benefits come with requisite attitudinal change?

@Rahul400 @BhagatSambhaji @Vidhi_India

@BhagatSambhaji - Very difficult. Even with Amebdkar he had to drink from separate vessel in institute.

Need cultural revolution for change in mentality, after that democratic revolution which will bring in the needed value systems.

@Vidhi_India

@BhagatSambhaji - Semi feudal system and mindset means no one can stand against existing power centres.

We don't connect to democratic values in real life. More such efforts loke today's discussion needed.

@Vidhi_India

Rahul Bajaj to Prof Jain - How do we push for democratic consensus for inclusive governance? Build necessary synergies and align strengths.

@Vidhi_India @Rahul400 @ssjain54

Prof Sanjay Jain- Often in trying to show bigger picture we sacrifice details. Even with alliances we end up over emphasising certain identities.

Sometimes congregate, sometimes segregate as per data and needs.

@Vidhi_India @ssjain54

Q\A
How are Judges in South Africa nominated.
Ans by Sasha S - Board that nominates and selects largely political but process fairly transparent. President has to affirm choice. Public and open interview process, comes with share of drama and controversy but not like US

Contd ...
Process not always inclusive of all groups

Qs on @BhimArmy and if it's way forward for inclusive governance for Dalits.
Ans by @BhagatSambhaji - That org is doing its own work, but largely north Indian centric. Need pan Indian mobilisation.

To tackle caste we need to address question globally.

@Vidhi_India

@Rahul400 - need more innovative thinking for inclusive governance.

@Vidhi_India

Discussion on how caste surnames still prevalent. Cultural change needed.

@Rahul400 @Vidhi_India

Internal process of introspection needed to be prompted: Rahul Bajaj

@ssjain54 : revolution if any has to be peaceful and a mass movement.
Not like how in movies shown thru violence.

[End of webinar]

@Vidhi_India